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The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018

Type Scottish-Statutory-Instrument
Publication 2018-02-15
Last updated 2026-03-14
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
Source legislation.gov.uk
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The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

1

  • (1) The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013112 is amended as follows.
  • (2) In schedule 3—
  • (a) In paragraph 8(c), for “the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004” substitute “the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018”; and
  • (b) In paragraph 11 for “The amendment made by paragraph 71(1) and (3) of Schedule 2 does not affect the duty of a provider under paragraph 52 of schedule 1 to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 to co-operate with any investigation of a complaint which is begun by a Primary Care Trust and which continues to be investigated after 31st March 2013.” substitute “The absence of reference to ‘Primary Care Trusts’ from the definition of “NHS Body” in paragraph 55 of schedule 1 of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 does not affect the duty of a provider under that paragraph to co-operate with any investigation of a complaint begun by a Primary Care Trust and which continues to be investigated after 31st March 2013”.

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

2

  • (1) The National Health Service (Primary Medical Services Performers Lists (Scotland) Regulations 2004113 are amended as follows.
  • (2) In regulation 2 (interpretation), in the definition of “Section 17C Agreements Regulations”, for “the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004” substitute “the National Health Service (Primary Medical Services Section 17C Agreement) (Scotland) Regulations 2018”.
  • (3) In schedule 1—
  • (a) in paragraph 3(c) for the words “paragraph 78 (gifts) of Schedule 1 (content of agreements)” substitute “paragraph 82 of schedule 1”; and
  • (b) in paragraph 3(d), for the words “paragraph 78 (gifts) of Schedule 1 (content of agreements)” substitute “paragraph 82 of schedule 1”.

The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004

3

  • (1) The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004114 is amended as follows.
  • (2) In article 1(2) (citation, commencement and interpretation)in the definition of “the Section 17C Agreement Regulations” for “the National Health Service (Primary Medical Services Section 17C Agreements)(Scotland) Regulations 2004 substitute “the National Health Service (Primary Medical Services Section 17C Agreements)(Scotland) Regulations 2018”.
  • (3) In article 51 (4) (Interpretation of transitional agreements):
  • (a) for the words “paragraph 66 of Schedule 1” substitute “paragraph 68 of schedule 1”; and
  • (b) for the words substitute “paragraph 66(3)” to paragraph 68(3)”.
  • (4) In article 55 (2)(c) (Assignment of patients: transitional provisions) for the words “paragraph 13 of Schedule 2” substitute to “paragraph 11 of schedule 2”.
  • (5) In article 55 (5)(c) (Assignment of patients: transitional provisions) for the words “paragraph 14 of Schedule 2” substitute “paragraph 12 of schedule 2”.
  • (6) In article 57(3) (Variation and termination of transitional agreements):
  • (a) for the words “paragraph 66 of Schedule 1” substitute “paragraph 68 of Schedule 1”; and
  • (b) for the words “paragraph 66(3)” substitute “paragraph 68(3).
  • (7) In article 58 (1) (Health body status) for the words “regulation 8” substitute “regulation 10”.

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

4

  • (1) The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009115 are amended as follows.
  • (2) In regulation 2(1) (interpretation and application) in paragraph (b) of the definition of “dispensing doctor”, for “paragraph 15 of Schedule 1 to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004” substitute “paragraph 16 of schedule 1 of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018.
  • (3) In paragraph 4(2)(b)(ii) of schedule 1, for the words “regulation 2 of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004” substitute “regulation 3 of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018”.

The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012

5

  • (1) The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012116 are amended as follows.
  • (2) In regulation 1(2) for “ part 6 of Schedule 1 to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004” substitute “part 6 of schedule 1 to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018”.

The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014

6

  • (1) The Public Bodies (Joint Working)(Prescribed Health Board Functions) (Scotland) Regulations 2014117 are amended as follows.
  • (2) In schedule 1(Functions prescribed for the purposes of section 1(6) of the Act), in column B for “the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004” substitute “the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018”.
  • (3) In schedule 2 (Functions prescribed for the purposes of section 1(8) of the Act), in column B of the table for the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004” substitute “the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018”.

Signed

AILEEN CAMPBELL — Authorised to sign by the Scottish Ministers — 2018-02-15

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations consolidate the National Health Service (Primary Medical Services Section 17C Agreements)(Scotland) Regulations 2004 and set out, for Scotland, the framework for section 17C agreements for primary medical services under section 17C of the National Health Service (Scotland) Act 1978 (“the Act”).

Part 2 of the Regulations prescribes the conditions which, in accordance with section 17D of the Act, must be satisfied by a medical practitioner, health care professional or any of the other persons listed in 17D(1)(b)(iii) to (ix), (d) or (e) of the Act for a Health Board to be able to make an agreement under section 17C under which primary medical services are provided.

Part 3 of the Regulations sets out the circumstances and the extent to which the provider under an agreement may be treated as a health service body.

Part 4 of the Regulations (and schedules 1 to 3) prescribe the categories of primary medical services that may be provided in accordance with section 17C arrangements, and make provision with respect to the provision of those services. The regulations require agreements which include the provision of any primary medical services to contain the terms in schedule 1, agreements which include the provision of essential services to include the terms in schedule 2, and agreements which include the provision of additional services to include terms set out in schedule 3.

Part 5 makes additional provision with respect to such agreements and their content, including provision as to the effect on an agreement of a change in the membership of a partnership that is party to it (regulation 17), provision for termination of the agreement (regulation 18), services generally (regulation 19), certificates (regulation 20), the terms applicable to agreements which provide for a payment in respect of premises costs (regulation 21), finance and payments for the provision of services to be made in accordance with the directions of the Scottish Ministers (regulation 22 and 23), fees and charges (regulation 24) and terms to be implied if omitted from the express terms of an agreement (regulation 25).

Part 6 sets out the functions of the Area Medical Committee in relation to the operation of section 17C agreements.

Part 7 of the Regulations makes provision requiring a Health Board in certain circumstances and subject to certain conditions, to enter into a general medical services contract with a person providing services under section 17C arrangements.

Part 8 of the Regulations makes transitional provision for persons continuing to provide out of hours services, notwithstanding the repeal of the National Health Service (Primary Medical Services Section 17C Agreements)(Scotland) Regulations 2004.

Schedule 1 sets out terms that must be contained in all section 17C agreements for primary medical services. These include terms relating to—

  • (a) the provision of services (Part 1);
  • (b) the right of patients to choose the persons from whom they are to receive primary medical services, and the circumstances in which providers may decline responsibility for patients not registered with them (Part 2);
  • (c) the prescribing and dispensing of drugs, medicines and appliances (Part 3);
  • (d) the conditions (including conditions as to qualifications and experience) to be satisfied by persons performing primary medical services in accordance with section 17C arrangements (Part 4);
  • (e) patient records, the provision of information and rights of entry (Part 5);
  • (f) complaints (Part 6);
  • (g) procedures for the determination of disputes where the provider is to be treated as a health service body, or where the provider elects (Part 7); and
  • (h) the variation and termination of section 17C arrangements by either the Health Board or another participant (Part 8);
  • (i) clinical governance, medical indemnity insurance, public liability, the requirement to keep a register of gifts, compliance by providers with legislation and guidance, third party rights and the duty of candour (Part 9); and
  • (j) quality arrangements (Part 10).

Schedule 2 sets out the terms that must be contained in all section 17C agreements which include the provision of essential services. These include terms relating to—

  • (a) the provision of essential services; and
  • (b) lists of patients, and the circumstances in which the provider must or may accept or may decline to accept a person as a patient and may terminate responsibility a patient.

Schedule 3 sets out the terms relating to the provision of additional services that must be included in all agreements for the provision of those services.

Schedule 4 sets out the minimum standards to which a practice premises must adhere, if the provider receives financial assistance with their premises costs.

Schedule 5 sets out the closure notice with which a provider may notify the Health Board that the provider wishes to close its list to new patients.

Schedule 6 sets out the information to be included in a provider’s practice leaflet.

Schedule 7 revokes provisions which are re-enacted or replaced by the making of these Regulations.

Schedule 8 makes amendments to existing legislation consequential to making of these Regulations and the revocation of the National Health Service (Primary Medical Services Section 17C Agreements)(Scotland) Regulations 2004.

Footnotes

1

1978 c.29. Section 17A was inserted by section 30 of the National Health Service and Community Care Act 1990 (c.19) (“the 1990 Act”). Section 17A was moved under a new heading entitled “NHS Contracts” by section 31 of the National Health Service (Primary Care) Act 1997 (c.46) (“the 1997 Act”). Section 17CA was inserted by section 38 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3). Section 17D was inserted by section 21(2) of the 1997 Act and section 17D(3) was amended by section 2(3) of the Primary Medical Services (Scotland) Act 2004 (asp 1) (“the 2004 Act”). Section 17E was inserted by section 22(2) of the 1997 Act and amended by paragraph 47 of schedule 4, and paragraph 1 of schedule 5 of the Health Act 1999 (c.8) (“the 1999 Act”), and section 2(4) of the 2004 Act. Section 28 was relevantly amended by section 3(4) of the National Health Service (Amendment) Act 1986 (c.66), paragraph 19(8) of schedule 9 of the 1990 Act, and paragraph 1(8) of schedule 1 of the 2004 Act. Section 105(7) was amended by paragraph 5 of schedule 6, and schedule 7, of the Health Services Act 1980 (c.53), and paragraph 24 of schedule 9 of the Health and Social Services and Social Security Adjudications Act 1983 (c.41), and paragraph 60 of schedule 4 of the 1999 Act. Section 108(1) contains a definition of “prescribed” and “regulations” relevant to the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

2

OJ L 257, 28.8.2014, p.73. Article 3(11) provides that an “advanced electronic signature” means an electronic signature which meets the requirements set out in Article 26 of that instrument. The requirements in Article 26 are that the electronic signature is (a) uniquely linked to the signatory; (b) capable of identifying the signatory; (c) created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control; and (d) linked to the data signed therewith in such a way that any subsequent change in the data is detectable.

3

Section 17C was inserted by section 21(2) of the National Health Service (Primary Care) Act 1997 (c.46), and amended by section 2(2) of the Primary Medical Services (Scotland) Act 2004 (asp 1), and paragraph 3 of schedule 21 of the Health and Social Care Act 2012 (c.7).

4

Section 27(1) was amended by section 20 of the Health Services Act 1980 (c.53), paragraph 19 of schedule 9 of the National Health Service and Community Care Act 1990 (“the 1990 Act”), section 3 of the Medicine Products: Prescription by Nurses etc. Act 1992 (c.28), paragraph 44 of schedule 2 of the National Health Service (Primary Medical Services Act 1997, and section 44 of the Health and Social Care Act 2001 (c.15).

5

Section 9 was amended by section 29(5) of the 1990 Act, and paragraph 43 of schedule 4 of the Health Act 1999.

6

1983 c.54. Section 34L was inserted by S.I. 2010/234.

7

Section 29C(1) was inserted by section 58 of the Health Act 1999. There are amendments to section 29C not relevant to these Regulations.

8

2000 c.7. Section 15 was amended by paragraph 158 of schedule 17 of the Communications Act 2003 (c.21).

9

Section 7(2) was amended by S.I. 2016/696.

10

Section 17J was inserted into the Act by section 4 of the 2004 Act.

12

1983 c.54. Section 34I was inserted into the Act by S.I. 2010/234.

13

S.I. 1991/194 (N.I. 1). Article 10 was amended by S.I. 1994/429 (N.I. 2), sections 43 and 44 of the Health and Personal Services Act (Northern Ireland) 2001 (c.3) and paragraph 1 of schedule 6 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c.1).

15

Section 17D(2) was inserted into the Act by section 21(2) of the National Health Service (Primary Care) Act 1997, and was amended by section 2(3) of the 2004 Act.

16

Section 17A(2) was inserted by section 30 of the National Health Service and Community Care Act 1990, and was amended by paragraph 36 of schedule 2 of the National Health Service (Primary Care) Act 1997, and paragraph 46 of schedule 4 and paragraph 1 of schedule 5 of the Health Act 1999, paragraph 1 of schedule 14 of the Health and Social Care (Community Health and Standards) Act 2003 (c.43), paragraph 8 of schedule 17 of the Public Services Reform (Scotland) Act 2003 (c.43) and paragraph 2 of schedule 21 of the Health and Social Care Act 2012.

18

1907 c.24. Section 5 was amended by S.I. 2009/1940.

19

Section 29 was substituted by section 58(1) of the Health Act 1999. Section 29 was further amended by paragraph 2(4) of schedule 2 of the Community Care and Health (Scotland) Act 2002 (asp 5), section 5(3) of the Primary Medical Services (Scotland) Act 2004 and section 26(2) and paragraph 2 of schedule 2 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13).

22

Section 17A(3) was inserted by section 30 of the National Health Service Community Care Act 1990, and amended by paragraph 46 of schedule 4 and paragraph 1 of schedule 5 of the Health Act 1999.

23

Section 30 was amended by section 159 of the Health and Social Care Act 2012 (c.7).

27

S.I. 1976/1213 (N.I. 22), as relevantly amended by S.R.(NI) 2008 No 192).

29

Section 17P was inserted by section 5(2) of the Primary Medical Services (Scotland) Act 2004 (asp 1).

31

S.I. 1976/1213 (N.I .22) as relevantly amended by S.R. 2008/192, regulations 5 and 9.

32

Section 17N was inserted by section 4 of the 2004 Act.

33

1989 c.44. Section 7 was amended by S.I. 2005/848.

34

Section 29 was substituted by the Health Act 1999 (c.8) section 58(1) and amended by the Community Care and Health (Scotland) Act 2002 (asp 5), schedule 1, paragraph 2(4), the 2004 Act, section 5, and the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) section 26(2) and schedule 2, paragraph 2.

35

Section 32A was inserted into the Act by section 8 of the National Health Service (Amendment) Act 1995 (c.31) (“the 1995 Act”), and amended by paragraph 51 of schedule 4 of the Health Act 1999 (c.8) (“the 1999 Act”), and section 26(7) of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) (“the 2005 Act”).

36

Section 32B was inserted into the Act by section 8 of the 1995 Act, and substituted by paragraph 52 of schedule 4 of the 1999 Act, and amended by paragraph 1 of schedule 3 of the 2005 Act.

38

1933 c.12. Schedule 1 was amended by paragraph 52 of schedule 4 of the Sexual Offences Act 1956 (c.69), paragraph 170(2) of schedule 16 of the Criminal Justice Act 1988 (c.33), paragraph 7 of schedule 6 of the Sexual Offences Act 2003 (c.42) and paragraph 1 of schedule 5 of the Modern Slavery Act 2015 (c.3).

39

1986 c.45. Schedule 4A was inserted by section 257 and paragraph 1 of schedule 20 of the Enterprise Act 2002 (c.40) (“the 2002 Act”) and was amended by paragraph 63 of the Enterprise and Regulatory Reform Act 2013 (c.24).

40

S.I. 1989/2405 (N.I. 19). Schedule 2A was inserted by S.I. 2005/1455.

41

1985 c.66. Sections 56A to 56 K were inserted by section 2(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), amended by the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11) and repealed by Part 1 of schedule 9 of the Bankruptcy (Scotland) Act 2016 (asp 21).

42

Schedule B1 was inserted by paragraph 1 of schedule 16 of the 2002 Act.

43

2005 asp 10. Section 34 was amended by section 122 of the Public Services Reform (Scotland) Act 2010 (asp 8).

44

1986 c.46, as relevantly amended by section 5 and paragraph 2 of schedule 4 of the Insolvency Act 2000 (c.39), section 204 of the Enterprise Act 2002 (“the 2002 Act”) and paragraph 2 of schedule 7 of the Small Business, Enterprise and Employment Act 2015 (c.26) (“the 2015 Act”).

45

S.I. 2002/3150 (N.I. 4), as relevantly amended by paragraph 9 of schedule 8 of the 2015 Act.

46

Section 429(2) was amended by paragraph 15 of schedule 23 of the 2002 Act.

48

Section 17CA was inserted into the Act by section 38 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3).

49

1983 c.54. Section 34C was inserted by S.I. 2010/234.

50

Section 17D was inserted by section 21(2) of the National Health Service (Primary Care) Act 1997 (c.46) and amended by section 2(3) of the Primary Medical Services (Scotland) Act 2004 (asp 1).

51

Section 17A was inserted into the Act by section 30 of the National Health Service and Community Care Act 1990 (c.19). Section 17A was moved under a new heading entitled “NHS Contracts” by section 31 of the National Health Service (Primary Care) Act 1997 (c.46).

52

Section 17A was inserted into the Act by section 30 of the National Health Service and Community Care Act 1990 and amended by paragraph 102 of schedule 1 of the Health Authorities Act 1995 (c.17), paragraph 36 of schedule 2 of the National Health Service (Primary Care) Act 1997 (c.46), paragraph 46 of schedule 4 and paragraph 1 of schedule 5 of the Health Act 1999 (c.8), paragraph 1 of schedule 14 of the Health and Social Care (Community Health and Standards) Act 2003 (c.43), paragraph 8 of schedule 17 of the Public Services Reform (Scotland) Act 2010 (asp 8), and paragraph 2 of schedule 21 of the Health and Social Care Act 2012 (c.7).

53

S.I. 1976/615. Regulation 2(1) was substituted by S.I. 2010/137.

54

S.I. 1985/1604. Regulation 2(1) was substituted by S.I. 2010/137.

55

“Health care professional” includes nurses and midwives registered with the Nursing and Midwifery Council.

56

Section 2(5) was amended by paragraph 19 of schedule 9 of the National Health Service and Community Care Act 1990 (c.19). Section 17E(3A) was inserted by section 2(4) of the Primary Medical Services (Scotland) Act 2004.

57

Section 2(5) was amended by paragraph 19 of schedule 9 of the National Health Service and Community Care Act 1990.

58

Section 17L was inserted by section 4 of the Primary Medical Services (Scotland) Act 2004 (asp 1) and substituted by section 39 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3).

59

The current version of the guidance is version 3.0, December 2017, and is available at http://www.hps.scot.nhs.uk/resourcedocument.aspx?id=6330.

62

1971 c.38. Section 2 (Controlled drugs and their classification for purposes of this Act.) was relevantly amended by paragraph 2(a) of schedule 17 of the Police Reform and Social Responsibility Act 2011 (c.13).

63

S.I. 2001/3998. Schedule 4 was amended by S.I. 2009/3136 and S.I. 2013/625. Schedule 5 was amended by S.I. 2005/2864.

64

Section 17N was inserted by section 4 of the 2004 Act.

66

1968 c.67. Part 3 was amended by section 1(1) to (3) of the Medicinal Products: Prescription by Nurses etc Act 1992 (c.28), section 63 of the Health and Care Social Care Act 2001 (c.5), section 220 of the Health and Social Care Act 2012 (c.7), S.I. 1984/187, S.I. 1993/2538, 1994/105, 1994/3142, 1994/3144, 1997/322, 1998/108, S.I. 2002/236, 2002/253, 2003/1590, 2004/1771, 2005/2789, 2006/1916, 2006/2407 and S.I. 2012/1916.

67

1983 c.54. Section 41A was inserted by S.I. 2000/1803 and amended by S.I. 2002/3135, 2006/1914 and 2015/794.

68

Section 15 was substituted by S.I. 2006/1914; section 15A was inserted by S.I. 2000/3041 and amended by S.I. 2006/1914, 2067/3101 and 2011/1043; section 21 was amended by S.I. 2002/3135, 2006/1914 and 2007/3103.

69

Section 44D was inserted by S.I. 2006/1914.

70

S.S.I. 2004/114 as relevantly amended by S.I. 2010/234.

71

This document is published jointly by the General Practitioners committee of the British Medical Association and the NHS Confederation. This document is available at: http://bma.org.uk/sessionalgps. Hard copies may be requested from The British Medical Association, BMA House, Tavistock Square, London WC1H 9JP.

72

NHS Education for Scotland was constituted by S.S.I. 2002/103, as relevantly amended by S.S.I. 2006/79, which applies section 2(5) of the National Health Service (Scotland) Act 1978 to NHS Education for Scotland as it applies to Health Boards.

73

The current guidance is PCS(GPR) 2009/1 which is available at http://www.sehd.scot.nhs.uk/pcs/PCS2009(GPR)01.pdf as amended by PCS(GPR) 2011/1, which is available at http://www.sehd.scot.nhs.uk/pcs/PCS2011(GPR)01.pdf as amended by PCS (GPR) 2015/1 which is available at http://www.sehd.scot.nhs.yk/pcs/PCS2015(GPR)01.pdf.

74

Published by the then Scottish Executive as NHS Circular PCA(M)(2001)(17), copies available at http://www.sehd.scot.nhs.uk/pca/pca2001(m)17.htm.

75

Section 17CA was inserted by section 38 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3).

76

Section 35 was substituted by section 34(2) of the National Health Service (Primary Care) Act 1997 (c.46) and amended by paragraph 1 of schedule 1 of the 2004 Act.

77

Section 17CA(3) and (4) were inserted by section 38 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3).

78

Section 2C was inserted into the Act by section 1(2) of the 2004 Act.

80

Section 17D was inserted by section 21 of the National Health Service (Primary Care) Act 1997 (c.46), and relevantly amended by section 2(3) of the 2004 Act, paragraph 6 of schedule 2(2) of the Tobacco and Primary Care Act 2010 (asp 3) and S.S.I. 2006/30.

81

Section 17CA was inserted into the Act by section 38 of the Tobacco and Medical Services (Scotland) Act 2010 (asp 3).

84

1970 c.42. Section 1 was amended by section 195 of the Local Government Act 1972 (c.70), and by paragraph 7 of schedule 10 of the Local Government (Wales) Act 1994 (c.19).

85

https://www.bma.org.uk/about-us/how-we-work/local-representation/local-medical-committees.

86

Section 17A was inserted by section 30 of the National Health Service and Community Care Act (c.19), and moved under a new heading entitled “NHS Contracts” by section 31(2) of the National Health Service (Primary Care) Act 1997 (c.46).

89

Sections 32A(2) and 32B(1) were inserted into the Act by section 8 of the National Health Service (Amendment) Act 1995 (c.31). Section 32A was amended by paragraph 51 of schedule 4 of the Health Act 1999 (c.8) (“the 1999 Act”), and section 26(7) of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) (“the 2005 Act”). Section 32B(1) was amended by paragraph 52 of schedule 4 of the 1999 Act and paragraph 1 of schedule 3 of the 2005 Act.

90

S.S.I. 2004/114. Regulation 8A was inserted by S.S.I. 2011/392.

91

1995 c.46. Schedule 4A was added by section 257 and schedule 20 of the Enterprise Act 2002 (c.40) (“the 2002 Act”).

92

1933 c.12 as amended by section 170 and paragraph 8 of schedule 15 and schedule 16 of the Criminal Justice Act 1988 (c.33); schedules 3 and 4 of the Sexual Offences Act 1956 (c.69); paragraph 7 of schedule 6 of the Sexual Offences Act 2003 (c.42); paragraph 2 of schedule 10 of the Domestic Violence, Crime and Victims Act 2004 (c.28); paragraph 53 of schedule 21 of the Coroners and Justice Act 2009 (c.25) and paragraph 1 of schedule 5 of the Modern Slavery Act 2015 (c.30).

93

1986 c.45 was inserted by section 257 and schedule 20 of the 2002 Act.

94

1985 c.66. Sections 56A to 56K were substituted by section 33 of the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11) and repealed by the Bankruptcy (Scotland) Act 2016 (asp 21).

96

1986 c.45. Schedule B1 was inserted by paragraph 1 of schedule 16 of the 2002 Act.

98

1986 c.46, as relevantly amended by section 5 and paragraph 2 of schedule 4 of the Insolvency Act 2000 (c.39), section 204 of the 2002 Act and paragraph 2 of schedule 7 of the Small Business, Enterprise and Employment Act 2015 (c.26).

99

S.I. 2002/3150 (N.I. 4), as relevantly amended by paragraph 9 of schedule 8 of the Small Business, Enterprise and Employment Act 2015.

100

Section 429(2) was amended by paragraph 15 of schedule 23 of the Enterprise Act 2002.

102

Section 17CA was inserted by section 38 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3).

104

S.S.I. 20185/57 are made under section 22 of the 2016 Act.

105

World Health Organisation, 2010 ISBN 9789241548342.

108

David Hall and David Elliman, January 2003, Oxford University Press, ISBN 10: 01985188X, ISBN 13: 9780198515883.

Dispute resolution: non-NHS contracts

Editorial notes

168

Words in reg. 3(1) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 428(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

169

Words in reg. 3(1) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 428(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

170

Words in reg. 3(1) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 428(c) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

171

Words in sch. 1 para. 34(1) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 429(2)(a)(i) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

172

Sch. 1 para. 34(1)(za)(zb) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 429(2)(a)(ii) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

173

Sch. 1 para. 34(1)(e) substituted for sch. 1 para. 34(1)(d) (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 429(2)(a)(iii) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

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